2011 AIR CC 3094 (BOM) ::2011 (5) AIR Bom R 114

Bombay High Court

Hon'ble Judge(s): R. Y. Ganoo , J

( A ) Constitution of India Art. 225 — Civil P. C. (5 of 1908), S. 129 — Bombay High Court (Original Side) Rules (1980), R. 401 — Caveat — Is to be filed in proper format — Caveat not filed in proper format as per Form No. 116 — Cannot be considered as good caveat — Testamentary petition cannot be converted in testamentary suit on basis of such caveat. (Paras1315)

( B ) Constitution of India Art. 225 — Civil P. C. (5 of 1908), S. 129 — Bombay High Court (Original Side) Rules (1980), Rr. 401, 402 — Caveat — Not filed in proper format — Subsequently another caveat filed in proper format — Cannot be treated as amendment to earlier caveat — Subsequent caveat has to be treated as new and independent caveat — Subsequent caveat not supported by affidavit — Affidavit filed in earlier improper caveat cannot be treated as affidavit in support of subsequent caveat — Testamentary petition cannot be converted into testamentary suit on basis of caveat not supported by affidavit. (Paras1213)